Geoffrey Derouet v Quantum Building Supplies [2024] TRE 22

Mr. Derouet filed a tribunal claim alleging unfair dismissal and disability discrimination. Quantum Building Supplies Limited (Quantum) raised an issue as to whether such claims were prescribed.

The Tribunal reminded itself that the time period for filing claims for discrimination and unfair dismissal is within eight weeks from the last act. Mr. Derouet’s employment was terminated on 29 November 2023, making the deadline for filing 23 January 2024. The claims were filed on 1 February 2024, some nine days late.

Where a claim has been filed late, the Tribunal reminded itself that the claim must be struck out unless Mr. Derouet meets the two stage test contained in Article 76(2) of the Employment (Jersey) Law 2003 (the Law) (namely that the Tribunal is satisfied that: “it was not reasonably practicable for the application to be made before the end of the that period of 8 weeks”). The Tribunal reminded itself of the principles emanating from Skrzat v Jersey Telecom Group namely:

• The word “practicable” should be interpreted liberally, in favour of the employee.
• However, the time limit of 8 weeks is to provide a framework and certainty to all those affected by the provisions of the Law.
• Article 76(2)(a) of the Law is to be strictly construed and whilst the Tribunal is given a discretion to extend that time limit (by Article 76(2)(b)) it will “only do so in the most exceptional circumstances”.
• Ignorance of the time limits would be difficult to establish now that the Law is bedded down in Jersey life and free, accessible advice is available from JACS and the CAB on employment law issues.

Mr. Derouet stated that his reason for making the late filing was because:

• ·He was pursuing an internal appeal
• He experienced stress and stress symptoms
• He had a visual impairment

The Tribunal found these reasons insufficient to meet the “exceptional circumstances” and struck out Mr. Derouet’s claims. This decision underscored strict adherence to statutory time limits, allowing extensions only in exceptional cases.

Another interesting case from the Employment Tribunal on the question of prescription of claims before the Tribunal. The Tribunal concluded in this case that the claims were out of time and as such the Tribunal declared that it did not have jurisdiction to hear the claim